Prior appointment of another agent
27 Prior appointment of another agent
Before accepting an appointment to let lots or to collect rents for lots in a building complex for a client, a resident letting agent (the new agent) must take reasonable steps to find out whether the client has already appointed another resident letting agent (an existing agent) or a real estate agent (also an existing agent) to let lots or to collect rents for lots in the complex.
The new agent must not solicit or accept the appointment if—
the new agent knows, or should know, that the appointment of an existing agent to let lots or to collect rents for lots in the building complex is in force; and
the client may have to pay the following—
a commission under each appointment;
damages for breach of contract under the existing agent’s appointment.
However, subsection (2) does not apply if, before the client signs the new agent’s appointment, the new agent gives the client a written statement that, if the client appoints the new agent, the client may have to pay the following—
a commission under each appointment;
damages for breach of contract under the existing agent’s appointment.
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